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OVERLAY ZONES
(A) Purpose. The purpose of the Historic Overlay Zone is to provide for the preservation, protection, enhancement, and perpetuation of designated historic sites and structures in order to:
(1) Safeguard the city's heritage as embodied and reflected in its historic resources;
(2) Encourage public awareness, knowledge, and appreciation of the city's history and culture;
(3) Foster community pride and sense of identity based on recognition and use of historic resources;
(4) Identify and resolve conflicts between the preservation of historic resources and incompatible improvements or loss of the resource;
(5) Carry out the provisions of Oregon's Statewide Planning Goal 5; and
(6) Maintain the historic integrity of historically significant buildings and sites.
(B) Applicability. The provisions in this section apply to properties that are within the Historic Resource Overlay Zone per the Zoning Map, and to properties that are identified as historic in the Comprehensive Plan.
(C) General provisions. All proposed exterior alterations and demolitions of sites and structures subject to the Historic Resource Overlay Zone shall be subject to the provisions of this section, with the exception of improvements or demolitions required by other governmental agencies.
(1) Approval required. Planning Commission approval of a proposed exterior alteration or demolition is required before a building permit can be issued.
(2) Uses allowed. All uses allowed in the primary zone in which the historic site or structure is located shall be allowed.
(3) Ordinary maintenance and repair. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of a designated historic resource. Ordinary maintenance and repair means any work, the sole purpose and effect of which is to prevent or correct deterioration, decay or damage, including repair of damage caused by fire or other disaster and which does not result in a change in the historic appearance and materials of a property.
(4) Application procedure. Applications for approval of exterior alteration or demolition of a historic resource shall be submitted to the City Recorder and shall include a site plan, architectural drawings, and a description of the proposal and its compliance with the criteria below. There shall be no fee for this procedure. Upon receipt of a complete application, the Planning Commission will schedule a public hearing consistent with the provisions of § 151.233. When demolition is proposed, a notice will be posted on the property consistent with city requirements.
(5) Planning Commission review. The Planning Commission shall issue a decision on the request within 60 days of receipt of a complete application. The Planning Commission may attach conditions necessary to ensure compliance with the purpose of this section, which may include a condition to delay the proposed action for a maximum of 60 days from the date of the decision until a more satisfactory solution can be found.
(6) Review criteria. In evaluating applications for exterior alterations, the Planning Commission shall consider:
(a) The purpose or necessity of the proposed alteration;
(b) The compatibility of the proposed alteration with the traditional historic character and architectural integrity of the structure or site in terms of design, architectural detail, scale, proportion, materials, and texture; and
(c) Whether the proposed alteration is the minimum or least disruptive alteration to meet the desired purpose.
(7) Applications for demolitions. In reviewing applications for demolitions, the Planning Commission shall consider:
(a) The physical condition and safety of the structure; and
(b) Whether a reasonable effort has been made to preserve the structure by restoration or removal, by offering the structure for sale or public acquisition, or by alternative means. Advertising the building for sale for 2 consecutive weeks in a newspaper of general circulation in the Banks area, and documenting that the highest bona fide offer for the structure has not been rejected, shall constitute satisfactory evidence of reasonable effort to preserve the structure.
(Ord. 2021-08-02, passed 10-12-2021)
SPECIAL USE STANDARDS
(A) An accessory dwelling unit (ADU) may be a detached building, in a portion of a detached accessory building (above a garage or workshop, for example), or a unit attached or interior to the primary dwelling (an addition or conversion of an existing floor, for example).
(B) ADUs shall comply with the following:
(1) A maximum of 1 ADUs is allowed per lot. The ADU may be internal to the primary residence or a detached, separate unit.
(2) The maximum floor area of the ADU shall not exceed 800 square feet or 75% of the primary dwelling's floor area, whichever is smaller. However, ADUs that result from the conversion of a level or floor (basement or attic, for example) of the primary dwelling may occupy the entire level or floor, even if the floor area of the ADU exceeds 800 feet.
(3) Other development standards. ADUs shall meet the development standards for buildings per the underlying zone, except that:
(a) Conversion of an existing legal non-conforming structure to an ADU is allowed, provided that the conversion does not increase the degree of non-conformity.
(b) No off-street parking is required for an ADU.
(c) Detached ADUs shall contain at least 2 detailed design elements from the list in § 151.126.
(d) ADUs are not included in density calculations.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Specific standards for the development of manufactured home parks are included because a manufactured home park is a unique type of residential use which deserves special consideration due to its impact unto the community, its roads and utilities. These standards are instead of the standards of §§ 151.270 through 151.273, Conditional Use Permits.
(B) Minimum area - 1 acre.
(C) Access drives shall be provided to each manufactured home space, shall be continuous unless provided with adequate turn-around area or cul-de-sac, and shall have minimum width of 20 feet. Each park shall have a principal access drive of not more than 20 feet for an exterior connection to the public street. A principal access drive that allows on-street parking on 1 side shall be 24 feet wide; and a principal access drive that allows on-street parking on both sides shall be 28 feet wide. All internal roads shall be paved.
(D) Walkways, not less than 2 feet in width, shall be provided from each manufactured home space to service buildings and along at least 1 side of all access drives and internal roads.
(E) Except as required for vision clearance, the outer perimeter of each park shall be improved with:
(1) A sight-obscuring fence or wall not less than 5 nor more than 6 feet in height;
(2) Maintained evergreen landscaping that is at least 10 feet in depth, will mature within 3 years, and reach at least 5 feet in height at maturity; or
(3) A combination of divisions (E)(1) and (E)(2) above.
(F) Unless in conflict with state laws and regulations, all areas covered by manufactured homes and accessory buildings shall be paved with asphalt or concrete, or covered with permanently contained crushed rock.
(G) All open areas, except as otherwise specified herein, shall be suitably landscaped according to plans and specifications approved by the Planning Commission. The areas shall be continuously maintained.
(H) Each manufactured home space shall be improved with 1 patio of concrete or other suitable impervious material, having a minimum area of 150 square feet and 1 crushed rock or better surfaced mobile home pad having a minimum area equal to that of the manufactured home which will be located on the space. In addition each mobile home site shall have 1 parking space, either a carport or paved parking area having a minimum area of 100 square feet.
(I) A minimum of 200 square feet of recreation area for each manufactured home space shall be provided in 1 or more locations within the manufactured home park. The minimum size of each required recreation area shall be 5,000 square feet.
(J) A centralized storage area for boats, campers, camping trailers, and automobiles shall be provided in each manufactured home park. The storage area shall contain a minimum of 160 square feet for each manufactured home space and be enclosed by a sight-obscuring fence. Roads, carports, parking areas, yards, and patios shall not be used for long-term parking or storage of trailers, boats, campers, or other recreational vehicles.
(K) Permanent accessory structures located within any manufactured home space shall be used only as carports or for storage purposes. (Storage buildings shall have a maximum floor area of 25 square feet). Carports shall not exceed 800 square feet in area unless designed to serve 2 adjacent manufactured home spaces in which case they may be 1,600 square feet in area. Storage structures and carports shall be located not less than 6 feet from any manufactured home and shall be subject to all of the applicable permits and building codes of the City of Banks. A storage building (and carport) shall be provided on each manufactured home space.
(L) Signs are limited to 1 identification sign with a maximum area on 1 side of 12 square feet. The sign may be indirectly illuminated, but shall not contain exposed neon or similar tubing and shall not flash, rotate, or move in any way. Design approval of the sign is subject to review of the Planning Commission to assure that it will be harmonious with the neighborhood.
(M) All utilities, i.e., sewer, water, natural gas, electricity, telephone, and television cable shall be underground in locations approved the City Engineer. Each manufactured home space shall be equipped with connections for running water, electricity, and sanitary sewer.
(N) All residents shall execute leases, which have been approved by the city and contain provisions for the assumption of possession of abandoned manufactured homes by the manufactured home park management.
(O) Prior to location of a mobile home in a manufactured home park, the owner or occupant shall establish to the satisfaction of the superintendent of building inspection that the manufactured home is in a condition that conforms to 1 of the following construction standards.
(1) A manufactured home constructed on or after 9-1-1969, shall conform either to standards in effect in Oregon at the time of construction or Oregon standards in effect at the time entry into the park is to occur. Units built between 9-1-1969 and 6-15-1976 shall exhibit the Oregon Department of Commerce Insignia of Compliance. Units built thereafter shall meet the H.U.D. Federal Manufactured Home Safety Standards dated 6-15-1976.
(2) Manufactured homes, constructed prior to 9-1-1969, shall be in a condition that is not less than the substantial equivalent of the above standards.
(P) The services of an architect, a landscape architect, and an engineer, all licensed to practice in Oregon, shall be employed in the preparation and execution of all plans. Upon proof by the applicant that the scope of the proposal does not require the services of an architect, the Planning Director may waive that requirement.
(Q) In the event of denial, applications may be resubmitted within 1 year of the denial, provided the Planning Director finds the denial was based on internal (on-site) factors and new plans have been submitted which are sufficiently modified to warrant consideration by the Planning Commission.
(R) Notwithstanding the above regulations, manufactured home parks must comply with all state regulations pertaining to this type of use.
(S) An adequate number of fire hydrants shall be provided within the manufactured home park so that no mobile home space or structure within the park is more than 400 feet from a hydrant.
(T) Standard streetlights shall be installed at intervals of no more than 200 feet along all access drives and internal roads.
(U) Each manufactured home space shall be legibly numbered so that it may be easily found by emergency vehicles.
(V) A manufactured home located in a manufactured home park smaller than 3 acres shall have:
(1) A pitched roof, except that no standard shall require a slope of greater than a nominal 3 feet in height for each 12 feet in width.
(2) Exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community and which is comparable to the predominant materials used on dwellings on adjoining sites as determined by the Planning Commission.
(Ord. 2021-08-02, passed 10-12-2021)
(B) Specifically.
(1) No sign shall be used other than a nameplate not over 2 square feet in area.
(2) There shall be no display that will indicate from the exterior that the building is used for any purpose other than a residence.
(3) There shall be no outside storage of materials other than plant materials. No activities associated with the home occupation shall take place outdoors:
(4) The building shall retain the characteristics and appearance of a residence.
(5) The home occupation shall not alter the residential character of the neighborhood.
(6) There shall be no paid employees other than family members.
(7) The activity shall occupy no more than 1/4 of the floor area of the primary structure.
(8) Family day care homes are residential uses and are not regulated as home occupations.
(9) Specifically prohibited, as a home occupation in a residential zone, is the repair and assembly of motor vehicles, equipment with an internal combustion engine, or large appliances.
(10) There shall be no large-scale commercial vehicle delivery or pickup.
(Ord. 2021-08-02, passed 10-12-2021)
The development standards listed below apply to all live-work residences. Live/work residence means a habitable structure that allows for a professional office or commercial retail or service use to be operated in the same structure, with the business owner's residence located behind the business use on the ground floor or on the upper floor. The permitted live/work housing types are defined below:
(A) Live/work house. A single household detached or attached dwelling with a commercial use occupying one floor and no more than 50% of the total floor area of the entire unit, excluding garage space.
(B) Live/work apartment. A primarily residential multi-story, multi-unit building with some apartments having space designated as available for business use not to exceed 50% of the square footage of the entire apartment unit, excluding the garage.
(Ord. 2021-08-02, passed 10-12-2021)
Certain commercial uses are allowed in the MU, MDR-L, MDR-H, and HDR zones as indicated in Table 2.2-A. Those commercial uses are: Retail sales and service, professional and administrative offices, medical and dental offices, and food-beverage sales (no drive- through facilities). The following standards apply to commercial uses in residential zones.
(A) The gross floor area of commercial uses in the MU zone shall not exceed 10,000 square feet per lot.
(B) The gross floor area of commercial uses in the MDR-L, MDR-H, and HDR zones shall not exceed 5,000 square feet per lot.
(C) For mixed-use developments abutting Main Street, no more than 50% of the Main Street ground-floor street frontage shall be occupied by residential uses. This standard does not limit residential uses above a street-level commercial or civic use, or behind street-level store fronts abutting Main Street.
(D) Commercial and mixed-use buildings in the MU, MDR-L, MDR-H, and HDR zones shall meet the Build-to Line standard of § 151.054(C).
(E) All commercial operations shall be conducted within enclosed buildings except as expressly authorized through approval of a conditional use permit or as accessory to a primary permitted use; for example, outdoor seating areas for restaurants.
(F) Commercial and residential floor space on the ground floor of a mixed-use building shall have a minimum floor-to-ceiling height of 11 feet for new building construction.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All parts of the plant of the genus Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin as currently defined by state law or as may from time to time be amended. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant that is incapable of germination.
MARIJUANA FACILITY or FACILITY. Any facility licensed by the state of Oregon to sell marijuana. The term includes both facilities that are registered by the Oregon Health Authority to sell, distribute, transmit, give, dispense or otherwise provide medical marijuana pursuant to O.R.S. Chapter 475, and facilities that are licensed by the Oregon Liquor Control Commission to sell or distribute marijuana for recreational purposes. A FACILITY includes the real property on which the use is proposed or situated and all buildings or other structures on the property used for the storage, distribution, sale or dissemination of marijuana.
(B) Applications. An application for a marijuana facility shall comply with all applicable land use review procedures set forth in this chapter. Applications for all new marijuana facilities and modifications or expansions of existing marijuana facilities shall comply with the substantive requirements of the underlying zone, the standards of this section and any other applicable standards set forth in the Banks Code of Ordinances.
(C) Standards. The following standards shall apply to the establishment, location and operation of all marijuana facilities in the city:
(1) The facility shall be licensed or otherwise registered by the state and at all times shall be in good standing pursuant to state law and any terms or conditions of the facility's state-issued license. The applicant, operator, owner and person in charge of the facility shall also possess any required state license or registration needed to operate the facility and shall be in good standing at all times while operating the facility.
(2) The facility shall meet applicable state and local laws, including but not limited to, building and fire codes, including the payment of all fines, fees and taxes owing to the city.
(3) The facility shall not manufacture or produce on-site any extracts, oils, resins or similar derivatives of marijuana and shall not use open flames or gases in the preparation of any products.
(4) Marijuana shall not be smoked, ingested or otherwise consumed on the premises of the facility.
(5) The facility shall provide for the secure disposal of marijuana remnants or byproducts; such remnants or by-products shall not be placed in the facility's exterior refuse containers.
(6) The facility shall not be co-located on the same tax lot or within the same building with any marijuana grow site or with a smoke shop where tobacco smoking is allowed.
(7) A facility may only operate in the C General Commercial zone or the I Industrial Zone as designated by the official zoning maps of the city.
(8) A facility shall not be located within the buffers specified in this section. Distances shall be measured as a straight line from the closest point of the property on which the facility is located to the closest point of the property on which the buffered use is located:
(a) One thousand feet from any public or private school; and
(b) Five hundred feet from any public or private park or library;
(c) One thousand feet from another marijuana facility; and
(d) Four hundred feet from any residentially zoned property.
(9) Signage for the marijuana facility shall not include logos or illustrations of marijuana leaves and shall emphasize identification of the facility without drawing undue attention.
(10) The facility shall not sell or dispense marijuana in an edible form.
(11) No minor shall be allowed on the premises unless the minor is a medical marijuana qualifying patient and accompanied by a parent, guardian or caregiver whose purpose is to procure the minor's medical marijuana. No minors are allowed on the premises of a recreational marijuana facility.
(12) Sales or any other transfers of marijuana products must occur completely inside the facility building and must be conducted only between the facility operator and the customer. There shall be no walk-up or drive- through service.
(13) The hours of commercial operation for the facility shall be limited to 8:00 a.m. until 5:00 p.m. Monday through Friday.
(14) A change in use (including a rezone) of a neighboring property within any of the buffer distances specified in this section after a permit has been issued for a facility shall not result in the facility being in violation of this section.
(Ord. 2021-08-02, passed 10-12-2021)
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